HomeMy WebLinkAboutUtility Box Art - David Bloomfield CITY OF AUBURN
UTI L(T 4' BOX ART-- LICENSING AGREEMENT
This Agreement is made and entered into this day of Nyte , 2019,
by and between the City of Auburn Washington,a municipal corporation of the State of
Washington ("City")and David Bloomfield ("Artist"), whose
phone normbci and address is, 2353-313-9753 and 16223 21st Avenue SW,
Surien,SVA 93166
RECITALS
The City is seeking to enhance Auburn's public spaces by adding works of art to
utilituian surfaces that are omen targeted by vandalise, such as utility boxes.
The Artist submitted a work of art to be umsider#1 for installation on one or more
select utility boxes within the city.
The City has selected and decided to purchase the Artist's work of art described
below for use in this project;
AGREEMENT:
In consideration of the mutual promises contained in this Agreement,the parties
agree as follows:
LICENSE OP ARTWORK.
The Artist giants the City a ion-exclusive, non-transferable, non-assignable,
irrevocable, perpetual license for the purpose of installing a vinyl wrap of the image
described below("Art")on publically owned utilitarian surface throughout the city
which are often targeted by vandalise. The license shall provide to the City the right
to reproduce, install, display, modify, rclocate, create derivative works, and maintain
the Art, and images of the Art, for noncommercial,educational,informational and
other governmental purposes,including for publicity purposes.. The right to modify
the image shall allow the City to fit the Art upon the selected surface,and includes
the right to crop and/or electronically alter the shape and proportions of the Art. The
City may also superimpose the City logo on the Art, or may co-locate the City logo
with the Art on an item.
The City shall acknowledge the Artist on each reproduction where possible.
TRIO,* Hedgehog
Year Completed:
Dim elisions:
Medium: - OUcirriteif
Description of Work: PO' ' fit ry
Use of Art: Utility Box Wrap
Examples of which are shown as Fxhihit A.
2, ACKNOWLEDGEMENTS
The Artist acknowledges and warrants that sheibe,
resides within King or Pierce Cour
Is neither a member of the Auburn Arts Commission ric.w an employee of The
City of Auburn
Is the ori, na.! creator of the Art and owns all applicable copyrights to the
artwork.
PRICE AND P.A.YMENT SCHEDULE.
A. As full payment for the license to install and present the Art on public
surfaces.,and all rights described in this Agreement,City will pay the Artist a total of
five hundred dollars($500.00), which will constitute full compensation for the
license.
13. City will make the payment required in paragraph A within thirty(30)days
after Artist transfers an electronic file, scan,or photographs and submits a billing or
invoice to the City.
4, AlTERATION,MODIFI ATION„AND DEACC:5$1914-ING QF TIT ART.
A. City reserves the right to, and the Artist waives any right to prevent City from
destroying or deacc&ssioning the its licensed reproduction of the Art if,after taking
reasonable steps to notify the Artist who originally created or authored the Art, City
determines that one or more of the following conditions apply:
(1)the condition or security of the Art cannot be reasonably guaranteed,
(2)the Art requires excessive maintenance or has faults of design or workmanship
beyond practical repair or remedy;
(3)the Art has been damaged and repair is impractical or unfeasible,
(4)the Art cndangas public safety;
(5)no suitable site is available,or significant changes in the use, character or design
of the site have occurred which affect the integrity of the Art;
(6)significant adverse reaction has continued unabated for more than three years;
(7)the Art is shown tube of an inferior quality or unauthentic;
(8)City wishes to replace the Art with another work by the Mist who originally
created or authored the Art or
•
(9)the Artist who cwiginally created or authored the Art rtnu-gists modification or
deaccession of the Art
13. If city decides to destroy its reproduction or the Art in accordance with this section,
City will take reasonable steps to offer the Artist who originally created or authored the
Art an opportunity to recover the Art at the Artist's expense in accordance with applicable
law.
5 TRANSFER OF ART .
A. Within 14 days of the execution date of this contract,the Artist shall provide the
Art of art in a high quality digital file, scan, or photograph that complies with the
exact specifications provided in the request for submission and final selection from
the City crl'Auburn art staff' The format must be suitable for the City to enlarge,
reproduce as vinyl wraps, and apply to utility boxes.
6_ VISUAL ARTISTS RI IIT$AcT WAIVER
The Artist acknowledges that the Art described in section 1 of thisagreement is a work of
'isual art that is sorbj ect to the provisions of the Maud Artists Rights Act of 1990. This
act protects certain rights of creators of artwork, including distortion and mortification.
Artist further acknowledges that use of-the Art as a utility box cover will subject it to
we thcr and may by its nature necessitate the destruction,distorts m, and modification of
the Art in response to the City's use,repair and removal of the utility box.
ARTIST DOES WAIVE ALL RIGHTS CONFERRED BY THE VISUALAR ISIS
RIGHTS ACT WITH RFSPECI.'O USt: OF TH E WORK AS A UTiutY BOX
WRAP and acknovaedgcs that.the City may have cause to remr we or modify the Art
when it determines, atits sole diseietion, that doing so is in the best interest of the City.
INDEMN IFICA1'IQM
The Artist warrants that the Art is solely the result of the artistic effort of the Artist, is
original and does not infringe upon any copyright The Artist agrees to indemnify,
defend,and hold the City,its officials, employees and representatives harmless from and
aginst any and all claims,liability, damages, causes of action,or demands arising out of
or resulting from the Artists'negligent performance of this agreement,including
copyright infringement of the Art
INDEPENDENT CONTRACTOR.
The parties agree and understand that the Artist is an independent contractor and not the
agent or employee of the City. Itis aged that the Artist will not acquire rights to
employee benefits,including unemployment compensation benefits,or other rights
offered to City employees. The parties agree that the Artist will not act as the agent of
the City.
DISPU TF RESOI UTION.
If any dispute or controversy arises between the Artist and City,the parties may exercise
those legal remedies in King County,Washington.
C NCE1A.,ATION,
If the Artist fails to fulfill its obligations under this Contract in a proper and timely
manner, or othe ise violater the terms of the meet/tent,the City has the right to cancel
the contract if the Artist has not cured the default after riving seven(7)days written
notice of the violation.
11. arTIRF.AGREEMENT. AMFNDMF.NTS.
'this Agreement represents the entire agreement of the parties.Any amendments to this
Agreement will be in writing,and will be executed by the same parties who executed the
original Agreement, or their successors in office.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed
intending to be bound thereby.
APPROVED:
ARTIST/VENDOR!
By: ''te
David filcrornfield
•
Date „' , . rr r 2019
CITY OF AUBURN
411F44404„,
Dant! Faber, Parks ec 071 rt&
Department Director
1 AI" t 114614./Ph
Date
Fomi MaSCUI60
Rcv. 12/18/08
Utility Wiwi Liccnsc Agnumbent
Rcv 4.06,19 Page PAGE 4 of NUMPAGES 4
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Part It Certification
Urhdcr perultir of perbey,I erlilf h91:
1. The number shown on this form is my correct taxpayer identification number for I am wailing far a number to be hewed to me),and
2_ I am not siject to backup withholding because:@e)i am erx+atmpt Iron tacloup withhold tg,or pa)I have not been notlfed by the Internal Fievenus+
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Purpose of Form carvnideee d a U.S.Person If you are:
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